Legal Opinion

Welsh v. Anthony

Supreme Court of Pennsylvania

Decided June 12, 1851PublishedCited by 5 opinions

Error to the Common Pleas of Clinton county. This was an action, of trespass quare clausum fregit, brought by Joseph B. Anthony and others vs. James Welsh, for entering upon land and cutting timber trees, and removing and disposing of the same to his own use. The plea was not guilty and liberum tenementum.

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Error to the Common Pleas of Clinton county. This was an action, of trespass quare clausum fregit, brought by Joseph B. Anthony and others vs. James Welsh, for entering upon land and cutting timber trees, and removing and disposing of the same to his own use. The plea was not guilty and liberum tenementum. The 3d section of the act of 29th March 1824, under which the plaintiffs below brought suit, is as follows:— “ Seo. 3. In all cases where any person, after the said first day of September, shall cut down or fell, or employ any person or persons to cut down or fell any timber, tree or trees,…

1Opinion of the Court

The opinion of the court was delivered June 12, by

Rogers, J.

The action of trespass is well brought. The plaintiff having alleged in his narr. that the defendants took and carried away the property severed from the freehold, and converted the same to his own use, the jury were -at liberty to assess treble damages under the statute. The suit is brought on the 3d section of the act of the 29th of March 1824, which reads thus : “In all cases where any person shall cut down or fell any timber, tree or trees, growing upon the lands of another, without the consent of the owner, he, she, or they, so…

2Cases cited1 opinion

  1. Shoemaker v. NesbitSupreme Court of Pennsylvania · 1828

3Cited by5 opinions

  1. Robbins v. FarwellSupreme Court of Pennsylvania · 1899
  2. Henning v. KeiperSuperior Court of Pennsylvania · 1908
  3. Jackson v. GuntonSuperior Court of Pennsylvania · 1904
  4. Cox v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1913
  5. Olson v. McLaughlinSuperior Court of Pennsylvania · 1916

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